Apr 4, 2022 -- Residents caution City of Dothan not to continue landfill operations without a valid permit.

Apr 1, 2022 -- ADEM directs City of Dothan to cease landfill operations.

Mar 31, 2022 -- Circuit Court invalidates ADEM permit to operate City of Dothan Sanitary Landfill. (Click on

ORDER image to right).

Mar 4, 2022 -- Alabama Supreme Court declines to review decision of Court of Civil Appeals.

Dec 21, 2021 -- ADEM, the Environmental Management Commission, and City of Dothan petition the Alabama Supreme Court for

review of the decision of the Court of Civil Appeals.

Oct 8, 2021 -- Court of Civil Appeals reverses Montgomery County Circuit Court's decision upholding

Environmental Management Commission's approval of Dothan's May 6, 2019 permit. The appellate court

holds that ADEM, the Commission, and City of Dothan misinterpreted the statutory requirement that the

City's permit application must be approved by the local governing body (Board of Commissioners of City of

Dothan) before ADEM may consider the application. (Click on DECISION image to right).

Jul 10, 2021 -- Petitioners file notice of appeal to Alabama Court of Civil Appeals.

Feb 2, 2021 -- Montgomery County Circuit Court upholds Environmental Management Commission's approval of Dothan's May 6,

2019 permit.

Jul 10, 2020 -- Petitioners appeal the Environmental Management Commission's approval of the May 6, 2019 permit to

Montgomery County Circuit Court.

Jun 12, 2020 -- The Alabama Environmental Management Commission approves the May 6, 2019 permit.

May 20, 2020 -- A Hearing Officer recommends that the

Environmental Management Commission disapprove the May 6,

2019 permit. See https://bit.ly/2Mqrn53.

Jul 4, 2019 -- Residents appeal permit to Environmental

Management Commission. (Click on REQUEST image to right).

May 6, 2019 -- ADEM granted the City of Dothan a permit.

Feb 28, 2019 -- ADEM held a public hearing on the proposed

permit. (Click on Dothan Landfill video to the right).

Dec 28, 2018 -- David A. Ludder, representing several residents with property near the landfill, submitted

comments on the proposed landfill expansion permit. (Click COMMENTS image to right). Ludder explained

that the population within one mile of the landfill is 89 percent Black and that this population has suffered

offensive odors and disease carrying insects and vermin from the operation of the landfill for many years.

Nov 23, 2018 - The Alabama Department of Environmental Management (ADEM) published notice of intent

to issue a revised permit to the City of Dothan authorizing it to expand its landfill with capacity to last

another 25-40 years. This is the City's third attempt to obtain approval for the expansion. Two earlier

attempts were defeated because of public notice defects.

Mar. 11, 2020 -- Alabama Governor Kay Ivey signed into law Act No. 2020-30 which authorizes the Alabama Department of

Environmental Management to approve the use of materials other than earth as cover at landfills. Alabama Supreme Court holds that

this enactment moots the case brought by Black residents.

Dec. 3, 2019 -- The Alabama Supreme Court granted ADEM permission to appeal the decision of the Court of Civil

Appeals.

Oct. 11, 2019 -- The Alabama Court of Civil Appeals unanimously (5 judges) held that the ADEM rules allowing

landfill wastes to be covered with materials other than earth are invalid because they exceed the the agency's

statutory authority. The Court reversed the decision of the trial court and directed that the trial court enter a

judgment in favor of the plaintiffs. (Click on the image to the right to read the Court OPINION).

Jan. 23, 2019 -- The Alliance is providing financial support to allow three Black residents to appeal a circuit court decision upholding

ADEM rules that allow landfill wastes to be covered with materials other than earth. These alternative materials include tarps,

petroleum contaminated soil, coal ash, and automotive shredder residue. As a result of using these alternative materials, the

residents claim they are suffering exposure to offensive odors and disease-carrying insects, rodents, and other animals and reduced

property values. The basis of their appeal is language in State law that specifies that waste shall be covered daily with six inches of

compacted earth. The Alliance seeks additional contributions to support this appeal.

July 20, 2021 -- Black residents file a notice of appeal to the Alabama Court of Civil

Appeals.

June 11, 2021 -- Montgomery County Circuit Court decides that it lacks jurisdiction to hear

challenge to ADEM's environmental discrimination grievance procedures.

Feb. 14, 2019 -- In an effort to comply with EPA regulations and secure the continued

receipt of millions of dollars in grant funding from EPA, ADEM has adopted environmental

discrimination grievance procedures. These procedures are supposed to be followed when persons complain that ADEM actions have

subjected them to discrimination on the basis of race, color, national origin, or sex. Under these procedures, ADEM is required to

determine if it has jurisdiction over a complaint, and if it does, to investigate the complaint and provide a prompt and fair resolution of

the complaint.

Unfortunately, the procedures are invalid for a number of reasons. First, they were adopted by the Director of ADEM who lacks the

authority adopt "rules" and "environmental policies." Second, they were adopted without public notice and public comment required

by two statutes. And third, the Legislature did not grant ADEM authority to consider discrimination on the basis of race, color, national

origin, or sex in any administrative decision. Thus, the procedures cannot provide a meaningful resolution of any complaints alleging

such discrimination.

Five Black individuals residing in three different counties in Alabama have filed a lawsuit against the Director of ADEM contesting the

validity of the procedures in hopes that the Legislature will grant ADEM the authority to consider racial discrimination in its

administrative decisions, that the procedures wll be subjected to public notice and comment, and that the procedures will be adopted

by the Alabama Environmental Management Commission.

The Alliance is providing financial support to enable the Black residents to seek justice. Donations to the Alliance will help pay for

litigation costs.